HomeMy Public PortalAbout11 08 19 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 8, 2019 AT
9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN
HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
Mayor Morgan called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance
Mayor Morgan led the Pledge of Allegiance.
III. Roll Call
Present and
Participating: Scott W. Morgan
Thomas W. Stanley
Paul Lyons
Joan K. Orthwein
Donna White
Also Present &
Participating: Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
IV. Minutes
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
A. Regular Meeting of October 11, 2019.
Commissioner Orthwein made a motion to accept the minutes of
October 11, 2019, with correction made on page 5, and the motion was
seconded by Commissioner White with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
There were none.
VI. Announcements
A. Regular Meetings and Public Hearing
1. December 13, 2019 at 9:00 A.M.
3. January 10, 2020 at 9:00 A.M.
4. February 14, 2020 at 9:00 A.M.
5. March 13, 2020 at 9:00 A.M.
6. April 10, 2020 at 9:00 A.M.
Mayor Morgan called attention to these dates.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham referred to Steve Rosa for an update
from Comcast. Mr. Rosa explained that when they began to proceed with
getting the drops buried, they found that approximately two thirds of
the homes have grinders for the septic tanks. He added they were
diligently working with the Town's water department to make sure they
don't penetrate the grinders. Cuppy Kraft complained about her sidewalk
being cracked by Comcast and asked who was going to repair it. Mr. Rosa
answered that she needed to contact Comcast maintenance as that was not
a construction issue nor did it have anything to do with what they were
working on at the present time. Mayor Morgan asked how many homes had
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
been connected to date, to which Mr. Rosa had a contractor with him who
said there would be four contractors beginning work on Monday, November
11, 2019. Mayor Morgan asked where that work would begin, to which the
contractor said it would start at Polo and work its way towards N. Ocean
Boulevard. Mayor Morgan asked for a time frame, to which the contractor
said six weeks was a comfortable time frame if they didn't run into too
many obstacles. Mayor Morgan commended Comcast for being very good
about coming to Commission meetings and giving updates. Mr. Bob Ganger
complained that Comcast still hadn't fixed the issue with wires on the
ground at his home after promising over and over to take care of it.
Mr. Rosa asked Mr. Ganger to give his name and address to Greg, to which
Mr. Ganger said that he had given it over and over, to which Mr. Rosa
stated he had never met Mr. Ganger before and gave his word to guarantee
that the issue would be taken care of.
Town Manager Dunham stated AT&T ended up having to hand dig the
conduit through the Town's 10' easement behind Mr. Lyons house. Mr.
Dunham said they had two lines where they can't find the conduit, so he
got them in touch with Wilco. Unlike Comcast, AT&T can begin
transferring service to the homes once the splicing and conduit issue is
finished, he added. Mr. Dunham stated that it should be finished by
February or March and then FP&L could come in and take the poles down.
2. Place Au Soleil Street Lights
Town Manager Dunham stated he would be meeting with
Commissioner White, Mr. Chet Snavely and FP&L in a week to discuss the
best way to test some of the wattages of bulbs, which would then set in
motion the process for ordering the poles. Mayor Morgan asked about a
time frame to which Mr. Dunham thought the lead time was 13 weeks.
3. C.I.P. Watermain Update
Town Manager Dunham stated that he had met with Baxter and
Woodman to discuss the 75% completion on the design and he then referred
to Rebecca Travis. Ms. Travis, representative from Baxter and Woodman,
stated they are now moving forward on the 100% design plans cost
estimate which will be due to the Town on December 4, 2019. She added
that Taracon would be in Town next week doing some borings in the street
and will patch up any holes they make. Ms. Travis said they had been
coordinating with the Town's arborist mitigating impacts to the Town's
Australian Pines. After December 4, 2019, they would then proceed to
the two-month bidding time frame for construction contracts and looking
to February/March for the start of construction for the watermain, she
added.
B. Architectural Review & Planning Board
1. Meeting Dates
a. November 21, 2019 at 8:30 A.M.
b. December 19, 2019 at 8:30 A.M.
C. January 23, 2020 @ 8:30 A.M.
d. February 27, 2020 @ 8:30 A.M.
e. March 26, 2020 @ 8:30 A.M.
Mayor Morgan called attention to those dates.
C. Finance Director
1. Financial Report for October 31, 2019
2
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
Town Manager Dunham asked CFO Tew to explain why the
Financial Report may look a little odd. Mrs. Tew stated that October
being the first month of the fiscal year, typically the revenues looked
a bit anemic because there is a delay of the distributions from the
state and other entities that disburse their revenue's they collect the
prior month. As of November 30, 2019, Mrs. Tew stated she will wrap up
fiscal year 2019 but anything received in October will be allocated back
to September and the Town was in a very good position. Commissioner
Lyons asked Mrs. Tew to state what was in the Town's cash reserves to
which she answered that currently the Town's fund balance was
$6,336,200, which was pre -audit, for the General Fund and the Water Fund
was just under four million dollars. Commissioner Lyons commented that
we needed those monies for the CIP project.
D. Police Chief
1. Activity for October 2019
Chief Allen requested that the reports be accepted as
submitted. Mayor Morgan accepted all reports as submitted.
IX. Items for Commission Action
A. Declaration of Use Agreement with The Little Club
Vice Mayor Stanley stated he had a voting conflict due to the
fact that he was on the Board of The Little Club and stepped down from
the dais. Mayor Morgan stated it was remarkable to have such a large
turn -out of residents and others who may be affected by the decisions on
the pickleball courts and added that they were seeing democracy in
action. Mayor Morgan stated the Architectural Review and Planning
Board, after several hearings, approved the application by The Little
Club for two pickleball courts. This was done over a period of months
and several meetings by the Town Staff to bring parties together to
voice and try to address concerns, which he added was really just one
concern, the noise impact of pickleball play. Mayor Morgan stated the
ARPB approved the application subject to conditions of use, which was
being brought before the Commission, and they were to either accept,
modify, or reject those conditions. He added the Commission must be
cognizant of the need to balance the rights and expectations of
neighbors at Hillside, along County Road, Las Casitas and St. Andrews
Club of their interest in the quiet enjoyment of their property vs. The
Little Club, which was zoned recreational, and their right to implement
recreational activity on their property. Mayor Morgan stated The Little
Club had made tremendous efforts to reduce the noise impact from the
proposed pickleball courts and they were also residents of Gulf Stream,
and he complimented them for all they had done. Mayor Morgan
recommended tabling the action for a month and in that month be provided
with a packet from staff with details on the quiet ball, the quiet
paddle, the nature and location of the courts, the acoustic fencing and
the sound report from the engineer. Mayor Morgan stated he was not
comfortable with the notion of the only way to tell if the noise from
the pickleball courts was going to be offensive or not was to put the
courts in place. He added noise was variable until defined and not
easily quantifiable. Mayor Morgan recommended that the Town retain a
sound engineer independent of either side, look through all the
3
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
information that has been provided, visit the site and then report back
to the Commission with observations and comments so they could make an
informed decision one way or the other. Mayor Morgan then asked the
Commissioners for comments. Commissioner Lyons stated that the
Commissioners weren't allowed to discuss a subject that would be
presented at a Commission meeting so he had no idea what the Mayor was
going to say but agreed with him on the direction he was heading and
agreed that The Little Club had taken many steps to oblige the
complaints. He added that the elephant in the room was if the noise was
going to be a nuisance. Commissioner Orthwein agreed that an
independent contractor regarding the noise should be hired.
Commissioner White brought up the fact that the Town had decibel levels
for generators and that more facts needed to be shown regarding these
levels for pickleball. Mayor Morgan asked Town Manager Dunham to give a
brief summary and then he would open the floor to public comment. Town
Manager Dunham stated that The Little Club came to the ARPB July meeting
with an application and the ARPB deferred it to the September meeting
requesting that The Little Club do a sound study to address all the
noise concerns from residents. In September, The Little Club came back,
having had a noise analysis, but the company who did the sound study was
not present at the September meeting, he added. The ARPB directed the
Town Staff to have a mediation meeting between the residents and The
Little Club. Mr. Dunham stated they did as directed and had a two and a
half hour meeting which seemed to go well with positive feedback from
both sides. He added that at the end of the meeting Assistant Town
Attorney Nazzaro recited copious notes taken during the meeting so that
everyone was on the same page and in agreement. Mr. Dunham stated these
notes were then put into a Declaration of Use Agreement that was taken
to the ARPB October meeting and approved, which brought us to the
present Commission meeting. Mayor Morgan then opened the floor to
public comment. The following residents made comments in opposition to
the pickleball courts:
1. Tom Cutler, Hillside House resident
2. Carol Smith, Fairways II at St. Andrews
3. John Gallagher, Hillside House
4. Rick Morris, Fairways, II at St. Andrews
5. Mike Genereux, Hillside House
6. Sophie Bent, Hillside House
7. Marilyn Benoit, Fairways II at St. Andrews
8. Sophie Aires, Fairways II at St. Andrews
Roz Curtis, President of The Little Club, stated The Little Club
wanted to be good neighbors, which was why they had taken all the steps
known to try and mitigate any impact on the neighbors. He added they
would be fine with an additional independent study to determine, if in
fact, the steps they had taken would mitigate the impact.
Mayor Morgan thanked everyone for their comments. Commissioner
Orthwein made a motion to table the Declaration of Use Agreement with
The Little Club to the December meeting. The motion was seconded by
Commissioner White and all voted AYE at roll call.
4
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
Town Manager Dunham asked if Item C could be moved up before Item
B as Ms. Travis had a meeting she needed to get to. Mayor Morgan agreed.
Assistant Town Attorney Nazzaro stated that Vice Mayor Stanley had to
leave due to an appointment.
C. Proposal: Engineering for Wastewater Feasibility Study.
Rebecca Travis, representative from Baxter and Woodman,
summarized the task set before them was to review the provision of
sewering for the entire town and to discuss how the Town residents were
being serviced and whether it is a septic tank or lift station. She
added they would look at the water usage for each house to determine
flow projection for the Town as a whole. From that determination, they
would discuss the findings with Delray Beach and Boynton Beach and would
evaluate the use of conventional gravity vs. low pressure system. They
would provide a preliminary layout and design of wastewater collection
systems to service the Town's service area and provide preliminary
capital cost evaluation for the proposed system layouts and flow routing
options. She said they would also identify potential regulatory impacts
to constructing a new wastewater collection system and tying into a
neighboring city. A final report would be developed documenting results
of all the tasks set before them and Ms. Travis stated they would have a
draft report in late March or early April 2020, and finalize the report,
after the Commission had approved, in late April or early May 2020.
Commissioner Lyons asked if existing residents could opt out
of the municipal plan to which Ms. Travis answered there was a
regulation that stipulated if there was a public system available within
so many feet of the property that has a septic tank, you were required
to disconnect from the septic tank and connect to the public. If you
had a private lift station, she thought you could opt out, but would
need to pump to the public system. Commissioner Orthwein wanted to know
how it could be worked out so the private could stay private, the others
go public, who would pay for it. She wondered if it would be set up
like the undergrounding. Ms. Travis said the Town would have to
determine how that was going to play out.
Commissioner White wanted to know if this would have any
affect on the CIP. For example, having to tear the streets up after
they've already been replaced. Ms. Travis said the CIP was prepared by
looking at watermain and road improvements and added the sewer would
probably need to be done first to avoid having to tear up the roads
again. Commissioner Orthwein asked if the communities that had gone
over to sewer did so because they wanted to or because they were
mandated. Ms. Travis answered that it was a little bit of both. Mr.
Anthony Beltran, water supervisor for the Town of Gulf Stream, stated
that if a septic system is within 50 feet of a sewage connection, they
must connect to it, whether they want to or not, by law. Commissioner
Orthwein made a motion to approve the $32,265.00 for the Wastewater
Feasibility Study. Commissioner White seconded the motion and all voted
AYE at roll call.
B. Resolutions
1. No. 19-12; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
5
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
D. Proposal: Replace 3 Fire Hydrants.
Town Manager Dunham explained that this was an emergency, the
work had already begun and the Town went with the lowest bidder. He
asked that the Commission retroactively approve the bid. Commission
Orthwein made a motion to approve, retroactively, the bid award to
Southern Pipeline, Inc. to replace three fire hydrants and associated
water main work in the amount of $36,075.00.
E. Information Technology Services Agreement.
Town Manager Dunham explained that the Town had purposefully
gone into a one-year agreement and are very happy with Calvin, Giordano
& Associates, and would like to extend their agreement for two more
years. Commissioner Lyons made a motion to approve a two-year extension
of the agreement with Calvin, Giordano & Associates. The motion was
seconded by Commissioner Orthwein and all voted AYE at roll call.
F. Lien Release Modification @ 2775 Avenue Au Soleil.
Assistant Town Attorney Nazzaro stated that last month the
Town counter -offered for $125,000 to release the lien at 2775 Avenue Au
Soleil and it was accepted by the Estate. In working out the specifics,
Mr. Stanton, the adjacent neighbor, wanted to keep two walls of the
existing structure. Mr. Stanton was concerned because one of the
conditions of the lien was demolition and he would like to keep two of
the walls to incorporate into the structure that he would be building.
M
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING AND
ADOPTING THE 2020 REVISED PALM BEACH COUNTY LOCAL
MITIGATION STRATEGY PLAN; PRESENTED FOR ADOPTION NOVEMBER
8, 2019; AND FOR OTHER PURPOSES.
Commissioner Orthwein made a motion to approve Resolution
No. 19-12 as
presented. Commissioner White seconded the motion and all
voted AYE at
roll call.
2.
No. 19-13; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE
GENERAL FUND FOR THE FISCAL YEAR ENDING SAPTEMBER 30,
2019; PRESENTED FOR ADOPTION NOVEMBER 8, 2019.
Commissioner Orthwein made a motion to approve Resolution
No. 19-13 as
presented. Commissioner White seconded the motion and all
voted AYE at
roll call.
3.
No. 19-14; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING
AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE TOWN OF GULF STREAM TO
PROVIDE DIRECT RADIO COMMUNICATION BETWEEN 911 PUBLIC
SAFETY ANSWERING POINTS AND ON -DUTY TOWN PERSONNEL;
PRESENTED FOR ADOPTION NOVEMBER 8, 2019; AND FOR OTHER
PURPOSES.
Commissioner Orthwein made a motion to approve Resolution
No. 19-14 as
presented. Commissioner White seconded the motion and all
voted AYE at
roll call.
D. Proposal: Replace 3 Fire Hydrants.
Town Manager Dunham explained that this was an emergency, the
work had already begun and the Town went with the lowest bidder. He
asked that the Commission retroactively approve the bid. Commission
Orthwein made a motion to approve, retroactively, the bid award to
Southern Pipeline, Inc. to replace three fire hydrants and associated
water main work in the amount of $36,075.00.
E. Information Technology Services Agreement.
Town Manager Dunham explained that the Town had purposefully
gone into a one-year agreement and are very happy with Calvin, Giordano
& Associates, and would like to extend their agreement for two more
years. Commissioner Lyons made a motion to approve a two-year extension
of the agreement with Calvin, Giordano & Associates. The motion was
seconded by Commissioner Orthwein and all voted AYE at roll call.
F. Lien Release Modification @ 2775 Avenue Au Soleil.
Assistant Town Attorney Nazzaro stated that last month the
Town counter -offered for $125,000 to release the lien at 2775 Avenue Au
Soleil and it was accepted by the Estate. In working out the specifics,
Mr. Stanton, the adjacent neighbor, wanted to keep two walls of the
existing structure. Mr. Stanton was concerned because one of the
conditions of the lien was demolition and he would like to keep two of
the walls to incorporate into the structure that he would be building.
M
Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 8, 2019 @ 9:00 A.M.
Commissioner Orthwein made a motion to accept the amended conditions for
the release of the lien which would be a payment of $125,000 to the
Town, that the structure located at 2775 Avenue Au Soleil be completely
demolished except for the two (2) walls as indicated on the survey
presented and that the lots at 2775 Avenue Au Soleil and 2765 Avenue Au
Soleil be joined in a unity of title. Commissioner White seconded the
motion and all voted AYE at roll call.
G. Items by Mayor & Commissioners
There were none.
X. Adjournment.
Mayor Morgan adjourned the meeting at 11:15 A.M.
7